Terms & Conditions
Last updated: January 20, 2016
GENERAL STATEMENT
The following terms and conditions are those that relate to all services offered by Business360
There are certain terms and conditions that are specific to one or more of these services and which are dealt with separately below
APPLICATION OF TERMS
Business360 provides its services subject to the
following terms and conditions (the "Terms"), which
may be updated by us from time to time without
notice to you. You can review the most current
version of the Terms at any time at
http://www.business360.com/. We may modify the
terms and conditions of use by posting the change on
our site
Unless otherwise specified by us when posted, all
modifications shall be effective upon posting
The term "product", when used generally in these
Terms refers to all products offered under either
pre-paid account arrangements or on an ad hoc
basis
We will indicate where there is a specific
distinction between these products.
By setting up an account with Business360, you
also accept and are bound by these Terms. If at any
time you cease to accept these Terms or
modifications, you may terminate your account by
sending us an e-mail prior to your next use of the
services. If you use the services after a
modification becomes effective, then you agree to
that modification. You may review recent
modifications at
http://www.business360.com. If you have specific
questions relating to these Terms, or subsequent
revisions, contact
terms@business360.com
PRIVACY POLICY
By agreeing to these Terms, you also accept the
contents of our privacy policy statement. This
outlines the way in which we collect and use the
information you give us when you set up and maintain
an account. Please read our Privacy Policy at
http://www.business360.com/privacy.asp for
more details
FEES AND PAYMENTS
All Business360 accounts are established first by
credit card and then kept active (except where
specifically stated) by either automatic monthly
payments in advance, by credit card, or standing
order directly into our bank account, or by PayPal
All payments are due on the last business day of the
preceding month [or quarter, depending on the type
of account] (or closest business day). If payment is
not made before the due date, we reserve the right
to suspend the account: usernames under that account
will be made inactive and access to the
password-protected areas of the site will be denied
Any amounts chargeable in excess of the standard
monthly [quarterly] charges are also billed monthly
[quarterly] and due within seven (7) working days of
the end of the calendar month [quarter] in which
they accrued. You will be subject to any penalty
charges for late payment of invoiced amounts as
stated on the invoice
If you open an account after the first day in a
month [quarter], you will be charged pro-rata for
the rest of the month [quarter]. Anniversary dates
take effect on the first day of the first full month
[quarter] of service
Should you have any questions regarding charges made
to your credit card by Business360, or you would
like to notify us of changes in the details of the
credit card you wish to use for transactions with
Business360, you should contact our customer service
department at
customerservice@business360.com
We reserve the right to refuse to open an account
for any applicant, and we reserve the right to
provide no reasons or justification for our refusal
LIMITATIONS OF RESEARCH AVAILABILITY VARIATIONS
IN TURNAROUND SPEED
For each service product we operate a range
turnaround speeds. Turnaround times vary during the
day according to the resource that we have
available; turnaround times shown in the publicly
available areas of the site or estimates given at
the time of submitting a request are realistic but
we will not be contractually bound by them. We
typically achieve turnaround times faster than those
shown, but will not guarantee this nor be held
responsible for any consequences of failing to meet
them. If you are ever dissatisfied with the
turnaround times we achieve, you are free to request
a refund to your account for our failure to meet the
target response time
REFUNDS AND QUALITY GUARANTEES
We want our customers to be entirely satisfied with
the research we produce, and we offer a full money
back guarantee on all the work we do for fully paid
up accounts. If you are not entirely happy with any
work we do for you, for whatever reason, we will
refund the cost of the research to your account.
This offer ONLY APPLIES where:
1) You notify us within 24 hours of our emailing the
completed research. Claims for a refund on research
sent more than 24 hours previously will not be
considered. We cannot be held responsible if for
reasons beyond our control (such as your email
services being down) our delivery is redirected,
prevented from being delivered (such as by a
firewall) or otherwise annulled
2) You have not previously requested more than two
(2) refunds on any work we have done for you
We hope to build a long lasting and mutually
beneficial relationship, and we retain the right to
cancel your subscription or refuse to accept further
requests for work if we see a pattern of refund
requests or believe you may not be satisfied with
our work or for any other reason
TERMINATION OF AGREEMENT
This Service Plan remains in effect unless cancelled
by either party with thirty (30) days written notice
Once an account is terminated, we only accept
payment by credit card. Any research services you
request from us during the thirty (30) day notice
will be charged in advance to your credit card
RESEARCH PROJECTS
Business360 provides bespoke consulting and research
services that are treated and billed on a separate
basis, and are the subject of separate terms and
conditions
RESTRICTIONS ON USE OF YOUR ACCOUNT
Only people with an active user name and password
are authorized to use Business360 services
Only one individual may access the subscriber areas
of the Business360 site using the same username,
unless agreed otherwise by Business360. If we
reasonably suspect account abuse (for example, by
concurrent log-ins or log-ins at times that indicate
use by more than one person, or trace information
that shows logins from diverse locations), we
reserve the right to suspend the service for the
entire account
COPYRIGHT AND LIMITATIONS ON USE
Copyright issues relate to the production and use of
Business360's Research products
The content of any deliverables we produce for our
customers are sourced mainly from information
available via the Internet and online sources
Business360 claims no copyright to the individual
extracts we source. Copyright of all extracts
resides with the owner, as detailed at the indicated
Website or source. If users of our services wish to
use any material we provide for publications, or to
sell it, they must first attain permission from the
copyright holder
Users of our service pay for our search and research
services. All citations we provide are quoted and
fully acknowledged and provided to users in the full
knowledge that the citations are not our work. We
endeavor to provide these citations within the 'fair
use' provisions of the copyright code, and all users
of our services accept that we are operating within
these provisions
Where clients use us to undertake research for them
using their login details and facilities, it is the
client’s responsibility to ensure that we have legal
and authorised access to any databases or online
sources
Separately, some of our work includes material we
write or prepare ourselves, and we claim copyright
on this work. We also claim copyright on the design
and look of all Business360 products
INTELLECTUAL PROPERTY POLICY
It is our policy to respond to notices of alleged
infringement that comply with the Digital Millennium
Copyright Act (see
http://www.copyright.gov/laws/) and relevant
intellectual property laws. This may include, among
other actions, removing information from our reports
that are claimed to be an infringement of this
legislation
If you wish to notify us of a possible infringement,
please initially contact by email
(copyright@business360.com) or through the
feedback facility at the Web site -
http://www.business360.com
Possible infringements include where you believe
that we have:
(a) inappropriately included information in a report
delivered to a client
(b) included a citation to a Web page or document
that, you believe, itself infringes copyright laws
In either case, please, as far as possible, provide
the following information:
(a) the report in which this infringement is alleged
to occur (including the Task ID number)
(b) the number of the reference, or its URL
(c) the nature of the alleged infringement – for
example, is the infringement related to the way we
have included the reference, or is the infringement
related to the inclusion of the information at the
source that we cited
(d) your name and contact details
DISCLAIMER
Business360 does not warrant the accuracy,
completeness, currency, non-infringement or fitness
for a particular purpose of information gathered and
presented to the client, and disclaims any liability
for errors in the information, facts, statistics,
opinions, and data provided to customers as part of
the services rendered under this Agreement
We advise all users of our work to undertake their
own research and due diligence before taking any
decisions that will have material consequences
Business360 will make every effort to protect the
confidentiality of all clients and of all clients'
questions and answers. Under normal circumstances
our researchers are unaware of the client’s
identity, which ensures confidentiality. However, we
cannot be held liable for circumstances where the
client’s identity is deduced or otherwise made
available, or for the consequences of this
disclosure
All work performed by Business360 is for, and on
behalf of, its clients. All research results, data,
information and other materials provided to a client
are for the sole one-time exclusive use of that
client and may not be reproduced, distributed or
resold to third parties without express written
permission from Business360 and/or the copyright
holder
The services rendered by Business360 pursuant to
this Agreement do not constitute the practice of
public accountancy, or the practice of law. Those
seeking help in the preparation of, or reporting
upon, financial statements, or seeking legal advice
should contact the appropriate practitioners
All calls and electronic submissions (emails, Web
uploads) to Business360 are subject to being
monitored and/or recorded for quality control,
training and other purposes
LIMITATIONS OF LIABILITY
Business360 shall not be liable to you or anyone
else for any loss or injury resulting directly from
use of the Business360 services, caused in whole or
part by its negligence or contingencies beyond its
control in procuring, compiling, interpreting,
reporting or delivering our products
Business360 does not guarantee to validate or verify
the information we collect and present, nor
guarantee to explain any inconsistencies between
conflicting information. We recommend that customers
undertake their own due diligence on the information
before they take any material decisions based on the
information. In no event will Business360 be liable
to you or anyone else for any decision made or
action taken by you in reliance on such content
Business360 shall not be liable to you or anyone
else for any damages (including, without limitation,
consequential, special, incidental, indirect, or
similar damages) even if advised of the possibility
of such damages. You agree that the liability of
Business360, if any, arising out of any kind of
legal claim (whether in contract, tort or otherwise)
in any way connected with Business360 or the
product, shall not exceed the amount you paid to
Business360 for the product
You are responsible for all statements made and acts
or omissions that occur while your password is being
used. Business360 may refuse to grant you, or anyone
you nominate as an account user, a username that
impersonates someone else, is protected by trademark
or other proprietary right law, or is vulgar or
otherwise offensive, as determined by Business360
THIRD PARTY SERVICES
Business360 uses third parties to complete your
research. We will make best endeavors to keep
confidential all client details (such as name,
account number etc) but third parties will need to
see key elements of any research request (including
keywords, detailed description of the request) that
may contain identity revealing information. We
cannot be held responsible if third parties deduce a
client's identity, or for any implications of their
actions based on this information
CHOICE OF LAW AND JURISDICTION
This Agreement, your rights and obligations, and all
actions contemplated by this agreement shall be
governed by the laws of the United States of America
and New York State, as if the Agreement was a
contract wholly entered into and wholly performed
within New York State. This Agreement will not be
governed by the United Nations Convention on
Contracts for the International Sale of Goods
GENERAL
You may not assign, sub-license or otherwise
transfer any of your rights under these Terms
If any provision of these Terms is found to be
invalid by any court having competent jurisdiction,
the invalidity of that provision will not affect the
validity of the remaining provisions of these Terms,
which shall remain in full force and effect
Failure by either party to exercise any right or
remedy under these Terms does not constitute a
waiver of that right or remedy. Headings in these
Terms are for convenience only and will have no
legal meaning or effect.
Business360 Inc. is incorporated in the state of New
York, U.S.A.
SERVICE-SPECIFIC TERMS AND CONDITIONS
There is one main set of specific terms and
conditions that additionally apply to our individual
services:
BUSINESS360 ENTERPRISE(SM)
SERVICE
EXPLANATION OF STANDARD ACCESS OPTION AND
PRE-PAYMENT OPTIONS
Business360 Enterprise(SM)
is our corporate solution. We create for each
account holder a dedicated interface and tracking
facility, branded in their organization’s colors and
logo. The facility is password-protected, and only
people that are given the URL (which includes the
security details) can access that particular
facility
The client representative that initiates an account
to be set up [herein called the “master account
holder”] is free to give these details to anyone
they wish, but the master account holder is liable
for all charges made against that account
Individual users given access to the facility by the
master account holder can open a user account,
entering just their email address, first name and
chosen password. The cost of all requests submitted
for each user account is charged to the master
account
There is no limit to the number of users that can be
included within a master account, although minimum
charges may rise with the number of users
There is an initial one-off account set up fee of
$499. This entitles the client to a dedicated
request entry and tracking interface, branded with
the organization’s corporate colors and logo
The initial set up fees and initial monthly or
quarterly charges are paid in advance (see standard
payment terms and conditions)
We operate on four standard quarters each year:
January 1 - March 31, April 1 - June 30, July 1 -
September 30, and October 1 - December 31.
Pre-payments for accounts created part way through a
quarter will be charged on a pro rata basis
Research charges under standard accounts are
aggregated at the end of the calendar month and
charged to the account holder’s credit card
For the pre-payment plans, research charges are
aggregated in each quarter and the master account
holder is billed the amount in excess of the
pre-paid amount. 66% of any unused credit in a
quarter can be rolled forward and topped up (to the
amount specified for the chosen level of discount)
for the next quarter or withdrawn at 25% of face
value
LIMITATIONS ON CAPACITY
When we face capacity constraints we sometimes limit
the number of research requests that can be entered
through Business360 Enterprise(SM),
either by blocking access to specific products or to
the entire service, until capacity constraints are
eased and we can reinstate the service. Messages
alert users that the limit has been reached and no
further requests for that product or entire service
are currently possible
BUSINESS360 ENTERPRISE(SM)
TRIAL
We offer a trial of our Business360 Enterprise(SM)
service. We create for you a dedicated, branded and
password-protected site, free of charge. You and
other users in your organization are free to use the
site to make requests for a period agreed in advance
between you and Business360. There are no set-up
costs or monthly fees. You pay only for the research
you request
After the trial period is complete, there is no
obligation on your part: you can choose either to
open a Business360 Enterprise(SM)
account - at which stage we will charge you the $499
set-up fee, and the first month's minimum fixed fee
(of $199) or the monthly pre-payment amount if you
decide to take that option - or not
We reserve the right to refuse a trial to any
applicant, and we reserve the right to provide no
reasons or justification for our refusal
